To be very clear on this point - this is not related to model training. It’s important in the fair use assessment to understand that the training itself is fair use, but the pirating of the books is the issue at hand here, and is what Anthropic “whoopsied” into in acquiring the training data. Buying used copies of books, scanning them, and training on it is fine. Rainbows End was prescient in many ways.
> It’s important in the fair use assessment to understand that the training itself is fair use, I think that this is a distinction many people miss. If you take all the works of Shakespeare, and reduce it to tokens and vectors is it Shakespeare or is it factual information about Shakespeare? It is the latter, and as much as organizations like the MLB might want to be able to copyright a fact you simply cannot do that…
So to me, if you are doing literally any human review, edits, control over the AI then I think you'll retain copyright. There may be a risk that if somebody can show that they could produce exactly the same thing from a generic prompt with no interaction then you may be in trouble, but let's face it should you have copyright at that point?
This is, however, why I favor stopping slightly short of full agentic development at this point. I want the human watching each step and an audit trail of the human interaction in doing it. Sure I might only get to 5x development speed instead of 10x or 20x but that is already such an enormous step up from where we were a year ago that I am quite OK with that for now.